john t
Lv 4
john t asked in Politics & GovernmentImmigration · 1 decade ago

Immigration marriage?

marrying a foreign women <Brasil,India,etc or any foreigner that marries a american citizen if he or she the American is convicted of a Felony can Immigration Deny Papers for new Wife/Husband or does he/She just have to disclose that he/she has been arrested any help with this will be appreciated Thanks everyone i was posting this because of the <<<<IMBRA act of 2006.......

6 Answers

Relevance
  • Alie
    Lv 4
    1 decade ago
    Favorite Answer

    As of Jan. 5, 2006 the Immigration Marriage Brokers Regulations Act now DOES require the US citizen to disclose criminal records for certain types of crimes.

    "IMBRA provides that a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) or alien spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner for any of the following “specified crimes”:

    • Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.1

    • Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.

    • Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act."

    Source(s): The IMBRA can be found here: http://www.uscis.gov/files/pressrelease/IMBRA07210...
    • Login to reply the answers
  • 1 decade ago

    So, let me see if I understand this correctly... If a foreigner (and by this, Im unsure of what status you mean.. Permanent resident, nonimmigrant, etc.) marries a US citizen who has convicted a crime, can Immigration deny the papers?

    No.

    They cannot deny the marriage at all, they have no say-so in that... All of the determination on whether the person is eligible for the immigration benefit lyes on the alien and WHAT benefit they are seeking. If they are seeking permanent residence, the US citizen would not have to disclose any information unless asked specifically on the forms (G-325A, etc.). Other than that, they won't deny the case based on the fault of the person they married.

    However, if it is US Citizenship (which would come at a later time, unless the person is already a permanent resident), then the information would have to be disclosed, but again, it would more or less depend on the intending immigrant/alien, as opposed to the husband or wife.

    Source(s): Im a Customer Service Rep. for US Citizenship & Immigration Services... I answer your calls when you call us :)
    • Login to reply the answers
  • Anonymous
    1 decade ago

    A felon is usually ineligible for permanent residence and citizenship unless the felony was a political offense or would not be prosecutable in the USA under the circumstances in which committed.

    The fact that a US citizen is a felon is irrelevant in the immigration of his or her spouse -- except of course that the immigration authorities may look more closely at the facts to see if the marriage itself is fraudulent.

    As always: while you should not conceal anything asked for, you should not volunteer any information unless asked. A criminal background may not even be inquired about with respect to the sponsor.

    • Login to reply the answers
  • Anonymous
    1 decade ago

    Any person applying for any status to the US, is screened and a back ground is done, its better to just fess up anything up front, because if they discover something that was not reported, then the paperwork is out the window. Also if you marry a person and are living in the US and this person commits any criminal offense and is deportable, get ready to live in their counrty with them or live here without them.

    • Login to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    John you can avoid all this by marrying an American woman, we don't need another law breaking foreigner in the country

    • Login to reply the answers
  • Anonymous
    1 decade ago

    absolutely, they can deny you for less than that.

    • Login to reply the answers
Still have questions? Get your answers by asking now.